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Commercial Driver and DUI

A Commercial Driver in Colorado who is charged with DUI faces tougher penalties at the Division of Motor Vehicles (DMV) regarding his driver’s license.

Even if a driver is driving his own personal vehicle and not a commercial vehicle, he is subject to a one-year CDL revocation for a first offense per se revocation of .08 blood or breath content. This one-year CDL revocation runs concurrent with the driver’s personal driving privilege revocation of nine (9) months for a first offense blood or breath test of .08 or greater.

If the driver is driving a commercial vehicle at the time of the stop for DUI and he submits a blood or breath test of .04 or more, he will lose his CDL for a period of one (1) year. A lifetime revocation will enter for a CDL driver with a second revocation, regardless of whether the driver was driving a personal or commercial vehicle.

If the commercial driver was driving a vehicle with hazardous materials at the time of the stop, he will be revoked for three (3) years on a first offense.

Although commercial driver’s licenses are issued by Colorado, they are governed by federal laws. The following chart by the FMCSA indicates potential disqualifications for commercial drivers.

The important date to know in Colorado for commercial drivers is September 30, 2005. Any DUI/DWAI/DUI per se/Express Consent Revocation .08 or greater offense that occurred in a personal vehicle on or after September 30, 2005 will effect the driver’s CDL as if the offense had occurred in a commercial vehicle. Thus even though a person with a CDL might’ve been stopped in their personal, compact Honda sedan and charged with DWAI/DUI/DUI per se/or Express Consent Revocation .08 or greater, their CDL license will be revoked as if they were driving a big rig.

If you are a commercial driver charged with DUI, DUI per se, or DWAI in Colorado, the complexities between DMV and the criminal court can be overwhelming. Denver and Greeley DUI Attorney Monte Robbins has experience defending DUI drivers in both the county court criminal proceeding and the DMV administrative proceeding. Contact Colorado CDL DUI Attorney Monte Robbins today for a free case evaluation at 303-355-5148 or 970-301-5541.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy